BILL ANALYSIS

Senate Research Center	H.B. 3137
88R8241 JSC-D	By: Isaac et al. (Springer)
	State Affairs
	5/17/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Recently, San Jose, California, passed a so-called "gun harm reduction ordinance" that would require all gun owners to obtain and maintain liability insurance and pay an annual registration fee tentatively set at $25. These sorts of requirements effectively create gun-owner registries and could violate the Second Amendment. Moreover, these requirements infringe on a protected right under the U.S. Constitution by requiring a person to pay what is essentially a tax to exercise their rights.

H.B. 3137 prevents local government entities in Texas from being able to require owners of firearms to license their firearms or from imposing any liability insurance requirements on firearm owners.

H.B. 3137 amends current law relating to prohibited local regulation with respect to a firearm or air gun.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 229.001(a), Local Government Code, as follows:

(a) Prohibits a municipality, notwithstanding any other law, including Section 43.002 (Continuation of Land Use) of this code and Chapter 251 (Effect of Nuisance Actions and Governmental Requirements on Preexisting Agricultural Operations), Agriculture Code, from adopting or enforcing regulations that:

(1) creates this subdivision from existing text and makes nonsubstantive changes; or

(2) require an owner of a firearm to obtain liability insurance coverage for damages resulting from negligent or wilful acts involving the use of the firearm.

SECTION 2. Amends Section 235.023, Local Government Code, as follows:

Sec. 235.023.� PROHIBITED REGULATIONS. Provides that Subchapter B (Firearms) does not authorize the commissioners court to:

(1) regulate the transfer, ownership, possession, transportation, licensing, or registration of firearms or air guns; or

(2) require an owner of a firearm to obtain liability insurance coverage for damages resulting from negligent or wilful acts involving the use of the firearm.

Deletes existing text providing that Subchapter B does not authorize the commissioners court to require the registration of firearms or air guns. Makes nonsubstantive changes.

SECTION 3. Amends Section 236.002(a), Local Government Code, as follows:

(a) Prohibits a county, notwithstanding any other law, including Chapter 251, Agriculture Code, from adopting or enforcing regulations that:

(1) creates this subdivision from existing text and makes nonsubstantive changes; or

(2) require an owner of a firearm to obtain liability insurance coverage for damages resulting from negligent or wilful acts involving the use of the firearm.

SECTION 4. Provides that the changes in law made by this Act apply to an ordinance, order, or regulation that is adopted or enforced before, on, or after the effective date of this Act.

SECTION 5. Effective date: upon passage or September 1, 2023.